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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 474 By: Boren
AS INTRODUCED
An Act relating to the Corporation Commission;
providing definitions; exempting Distributed Energy
Resource utility from the Retail Electric Supplier
Certified Territory Act ; authorizing Corporation
Commission to promulgate certain rules; establishing
time limit on act; requiring certai n report;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OK LAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 8 10 of Title 17, unless there is
created a duplication in numbering, reads as follows:
A. As used in this sect ion, “Distributed energy resource (DER)
utility” means any company that produces, delivers or furnishes
retail electric current for light, heat or power to a customer
through a power purchase agreement wit h a customer provided that:
1. Generation occurs on the property of the customer that is
contiguous with the use of that power; and
2. Generation shall not exceed one hundred twenty percent
(120%) of the previous annual load of the customer.
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B. As used in this section, “Customer” means an individual or a
business partnership, limited liability company, corporation or
other legal entity receiving service from an electric utility in the
name of the individual or the entit y.
A customer of a DER utility shall be limited to churches,
synagogues, mosques and other faith-based institutions, unless
otherwise provided by law. For the purposes of this section,
“faith-based institution” means an organization, association,
facility or program that offers s ervices within a context of
religious beliefs that are articu lated by the organization ’s,
association’s, facility’s or program’s mission statement,
affiliations or sponsoring entities .
C. A DER utility shall no t be subject to the provisions of the
Retail Electric Supplier Certified Territory Act, Section 158.21 et
seq. of Title 17 of the Oklahoma Statutes , provided that the DER
utility:
1. Files an application for grid interconnection with the
Corporation Commission;
2. Submits an annual report on power gener ated by the DER
utility to the Commission;
3. Receives approval from an applicable rate-setting entity the
DER utility would operate within; and
4. Complies with any additional requirement established by the
Commission.
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D. The Corporation Commission sha ll promulgate rules as
necessary to implement the provisions of this act.
E. The provisions of th is act shall be valid until November 1,
2031, at which time a report shall be issued by the Office of the
Secretary of Energy and Environment within one (1) y ear, for
consideration and determin ation of continuance of the provisions of
this act.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1308 APW 1/19/2021 2:47:59 PM